San Diego Military Diversion Lawyer
Military diversion in San Diego is an opportunity for someone who is currently in the military or has been recently in the military to get their case dismissed pursuant to California Penal Code 1008.10.
California Penal Code 1008.10 says that a defendant who was or is currently in the military can apply if certain circumstances apply.
- The defendant must be suffering from some sort of trauma that was a result of their military service. The types of trauma can include sexual trauma, PTSD, emotional trauma and even substance abuse.
- If the court determines that the trauma was a result of their service, then they can be placed in a pre-trial diversion program.
Hiring the right Military Diversion Lawyer in San Diego could not only change your life, but it could also change your future.
Did the trauma result from the military service?
This is often a hard thing to prove but what the judges are looking for is whether or not the trauma was related to the service. If someone had a substance abuse problem before entering into the military and they claim the military made it worse, it is unlikely they will be accepted. If someone was in active duty combat and they saw or heard things that caused them to have PTSD and they have now committed a crime, for example while having a flashback, there is a very good chance they will be accepted into the program.
What types of military diversion are offered in San Diego?
The type of diversion program depends on the individual applying for the program. Often, it is the attorney’s job to set up a treatment plan to show a judge that this person is going to go through treatment throughout the period of their diversion program and that the treatment is going to be structured. In some courthouses in San Diego, it can be as easy as having regular terms of probation for the diversionary period. If the one-year program is completed then your case will be dismissed.
Can someone get military diversion on a DUI case?
This is a topic that is currently under debate in the San Diego Courts. The district attorney in San Diego believes that the vehicle code prevents any type of diversion on a DUI and the case law in that area is currently under review. San Diego criminal defense attorneys and most judges at this point will and have argued that diversion can be offered on a DUI case and that the statue does allow it.
Ozols Law Firm – Experienced Military Diversion Lawyers in San Diego
Ozols Law Firm has had military diversion granted in several different courthouses in San Diego. We know how the system works and we have filed the proper motions in each and every courthouse to make sure that the service member’s case is dismissed. We have researched all the case law regarding dismissals including Penal Code 1385 and also Penal Code 1008.10. If you are in the military and have a case where we can help, please feel free to give us a call for a free consultation.